Head coach Brian Ashton insists Olly Barkley's omission from the England squad is "not a punishment".
Barkley, the Bath centre, has been charged with assault occasioning actual bodily harm in relation to an alleged incident at the wedding of his former team-mate Matt Perry.
Barkley, who denies the charges, is due to attend a preliminary court hearing on February 11 - the day after England's second match of the Six Nations, against Italy in Rome.
Ashton explained the decision had been taken to support Barkley, whose position will be reviewed following the hearing.
Ashton said: "It is difficult (to make a non-rugby decision) but I have made it and I am comfortable with it.
"He has a preliminary hearing on February 11 and I think it is best if he concentrates on getting that out of the way and we will have a look at the situation after that.
"This is not a punishment in any way, shape or form. That is the furthest thought. He is innocent, that is English law.
"I literally want him to get the February 11 thing out of the way and then we can all move forward."
The decision not to select Barkley throws up interesting questions about his international availability after the preliminary hearing and before any trial date.
Ashton denied he had set a precedent by not including Barkley in his squad.
England's director of rugby Rob Andrew added there had been no pressure from the Rugby Football Union to omit Barkley and that the decision was simply made on rugby grounds.
Barkley is said to be "disappointed" by the decision, given he has been in prime form for Bath this season, despite the off-field distractions.
Had he been included in the England squad, Barkley would have been a prime candidate to start in the opening Six Nations game against Wales.
As it is, Toby Flood is favourite to take the inside centre position.
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